Gayasi Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8637 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   CRA No. 862 of 2022
                                                  (GAYASI ADIWASI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 29-06-2022
                                           Mr.R.S.Patel, learned counsel for the appellant.

                                           Ms.Prashansha Bais, learned Panel Lawyer for the respondent/State.

Considered I.A.No.9508/2022, which is first application under 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Gayasi Adiwasi.

By the impugned judgment dated 07.1.2022 passed by the Special

Sessions Judge, POCSO Act, Tikamgarh in Special Case No.47/2018 whereby the appellant has been convicted under sections 342 of IPC and sections 7/8 of the POCSO Act and sentenced to undergo Nil and R.I. for 4 years and fine of Rs.1,000/- and Rs.1,000/- respectively.

Learned counsel for the appellant submitted that appellant/applicant is innocent and has been falsely implicated in the crime in question. The appellant/applicant is in custody since 07.1.2022. The final disposal of this appeal would take considerable time. Hence, prayer has been to suspend the sentence of the appellant and grant bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; the period of custody; nature of allegations; final disposal of appeal would take considerable time; and without commenting on merits of the case, the Signature Not Verified SAN interlocutory application is allowed. Digitally signed by RAJESH MAMTANI Date: 2022.06.29 17:53:37 IST I t is directed that subject to depositing the fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant, namely, Gayasi Adiwasi shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 07.11.2022 and on such other dates as may be fixed in this regard.

I.A.No.9508/2022 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.06.29 17:53:37 IST